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NEWSPAPER FWST
Euless church plan
fails to sway council
By EU.EN SCHROEDER
STAR TELEGRAM STAFF WRITER
EULESS — A church lost
again in its second attempt to
buy a vacant Food Lion build-
ing at Main Street and Har-
wood Road.
On Tuesday, Grace Com-
munity Church asked the City
Council to reconsider its
decision to deny the church's
request for a specific -use per-
mit to move into the building.
Last month, the council voted
5-2 to deny the permit, saying
it would not be the best use
of the property.
But council members
refused to make a motion to
reconsider the decision Tues-
day night.
Church officials said the
council's decision conflicts
with a federal law, the Reli-
gious Land Use and Institu-
tionalized Persons Act of
2000, which limits municipal-
ities' ability to impose zoning
and land -use restrictions on
religious organizations. City
Attorney Bob McFarland said
the law is still unsettled.
"We've extensively
researched this and in all can-
dor, we don't know what the
answer is. We don't know if
anyone knows the answer of
the constitutionality," he said.
Council members declined
to comment after the meet-
ing.
The Food Lion building
has been vacant since 1995.
The Weitzman Group of Dal-
las marketed the property
since 1998 but has had little
interest from businesses, said
Greg McDonald, the compa-
ny's executive vice president.
Drugstore and warehouse
companies had studied the
site but chose to locate else-
1 Officials from
Grace Community
Church say the City Coun-
cil's decision conflicts with
a federal law about religious -
land use.
where, he said.
"Not a single Food Lion we
have handled in the last four .
years has become any type of
commercial use," he said...
"The majority of Food Lions,;
are being used as churches,
and it is a wonderful use for,
these properties. They are .
not strong commercial loca-
tions."
The buildings are attrac-
tive to churches because of
the available parking spaces.
The boxlike structure is easi-.
er and more economical. to
convert into a church com-,
pared with building a new.
facility.
Pastor Eric Hulet said he
would follow the advice of
the church's attorney but
declined to elaborate.
Church officials could -
resubmit an application for a,
special -use permit, starting_
the process again, but the-,,
church's attorney urged them, .
to consider litigation.
"They had their chance.
They'll rue the day," said Den-_-
nis Brewer, an Irving attorney
representing the church.
The 500-member church'
has been in Euless for 21 years
and on Kynette Drive for
about eight years. The church
outgrew its current location
about three years ago. About''"
300 members attend the,
church each Sunday.
ONLINE: www.rluipa.com
www.ci.euless.h.us
Effen Schroeder, (817) 685-3815
eschroeder@star-telegram.com
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f MAYOR CITYCOUNCIL CITYATTORNEY CRIM HENNIG MCKAMIE DE LA CRUZ RIDGWAY
YOUNG McDONALD COLLINS WILHITE GETCHELL LIBRARYADMIN LIBRARYREF ANIMAL CNTR
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EULESS
Church again asking
City Council for permit
A church is asking for a sec-
ond hearing on its request to
move to a vacant Food Lion
building at Main Street and
Harwood Road.
Last month, the Euless City
Council voted 5-2 to deny a
specific -use permit for Grace
Community Church, which
wanted to buy the building to
expand its congregation.
Pastor Eric Hulet said the
council's decision conflicts
with the Religious Land Use
and Institutionalized Persons
Act of 2000, a federal law that
limits municipalities' ability to
impose zoning and land -use
restrictions on religious organi-
zations.
"We clearly have solid legal
footing," Hulet said.
The council will reconsider
the request during its meeting
at 7 tonight at City Hall, 201 N.
Ector Drive.
City Manager Joe Hennig
said council members acted
legally in denying the permit
for the building, which is sur-
rounded by businesses like
Kroger and Albertsons.
"They have that right to
deny the church based on the
fact they truly believe there is a
higher and greater use of that
property," he said. "The city
feels very comfortable in the
position they can do what they
did."
If the motion to reconsider
is adopted, the council needs a
superma}ority, or six votes, to
approve the permit.
—Ellen Schroeder